Title
Consider/Discuss/Act on an Appeal Denial of a Gaming Permit for Lucky Gems
Summary
MEETING DATE: February 4, 2014
DEPARTMENT: City Attorney
City Secretary
CONTACT: Mark Houser, City Attorney
Sandy Hart, TRMC, MMC, City Secretary
RECOMMENDED CITY COUNCIL ACTION:
· Consider appeal of denied Gaming Permit Application
ITEM SUMMARY:
· On or about December 26, 2013, Sawsan G. Boutros submitted a gaming permit application for Lucky Gems.
· On December 31, 2013, the gaming permit application for Lucky Gems was denied due to monies owed to the City for her delinquent water bill account.
· The applicant's payment history reflects a pattern of non-payment/late payments and an ongoing indebtedness to the City.
· Chapter 22-23(b) of the City Code specifically states that "The city secretary shall not issue or renew a permit under this article and shall suspend or cancel a permit if it be determined that the applicant or permittee is indebted to the city for any fee, costs, penalties, or delinquent taxes."
· On January 2, 2014, Sawsan G. Boutros filed an appeal with the Municipal Court to overturn the denial.
· On January 2, 2014, Ms. Boutros paid the outstanding water bill account balance of $188.36.
· On January 9, 2014, Judge Roger Dickey affirmed the decision of the City Secretary.
· On January 14, 2014, Sawsan G. Boutros appealed to the City Council to overturn the denial.
· The appeal process is outlined below in Section 22-25 of the City Code:
"If the city secretary refuses to approve the issuance of a permit or the renewal of a permit to an applicant, or cancels a permit issued under this article, this action is final unless the applicant or licensee, within ten days after the receipt of written notice of the action, files a written appeal with the judge of the municipal court, who shall, within ten days after the appeal is filed, consider all the evidence in support of or against the action appealed, and render a decision, either sustaining or reversing the action. If the judge of the municipal court sustains the action, the applicant or licensee may, within ten days of that decision, file a written appeal with the city secretary to the city council setting forth specific grounds for the appeal. The city council shall, within 30 days, grant a hearing to consider the action. The city council has authority to sustain, reverse, or modify the action appealed. The decision of the city council is final."
BACKGROUND INFORMATION: N/A
FINANCIAL SUMMARY: N/A
BOARD OR COMMISSION RECOMMENDATION: N/A